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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2451
Experience:  Over 5 years in practice.
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I have a restrictive covenant on a ex council house which I

Customer Question

I have a restrictive covenant on a ex council house which I purchased after a number of years of it being a private dwelling. The house has since transferred to Sanctuary Housing and I have acquired planning permission to build 2 x 1 bedroomed flats at the side of it. The housing association is requiring that I pay £500 towards legal costs and valuation of the properties. There is no overage in restrictive covenant only consent and they advise that they have to ask another council owned property the other side of the road for comments. The planning has been acquired by a public planning system and even if the remote neighbour disagrees with our application what rights does the housing association have not to unreasonably give us consent and what sort of charges are they allowed to apply. If I went ahead and built the flats which I might retain could they by law require me to pull it down?
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: The restriction is contain our Title document and states the following 'No advertisement shall be displayed and no shed outhouse garage or any other building of any kind advertisement board or hoarding any other structure of any kind whether temporary or permanent shall be erected on the premises or any part thereof nor shall any structural alteration in or addition to the premises be made without the previous consent in writing of the Council and if an such consent be obtained the Purchaser will do all consequent work to the satisfaction of the Chief Planning and Development Officer for the time being of the Council' . I can see no overage or payment structure within this covenant.
Submitted: 12 months ago.
Category: Property Law
Expert:  Jamie-Law replied 11 months ago.

Hello my name is ***** ***** I will help you with this.

On what basis are they then saying a fee is payable?